roland martin? >> great night, dallas cowboys. christine, what do we say too cowboy fans? sorry baby. noo nice beatdown. >> i have no response to that. >> tony romo doesn't either. cnn newsroom starts now with carol costello. american airlines in full damage control this morning after new reports of seats coming loose mid flight. inspectors are on the case. massive fireball, explosions and intense heat forcing dozens of people to evacuate. and it's one, two -- there it is, three. they're n the detroit tigers, washington nationals and the oakland a's join baseball's playoff party. plus -- >> american express in hot water with the government because of deceptive lending practices. customers could be in line for

refund checks for hundreds of dollars. should beer you be getting some cash? find out. newsroom starts now. we start with breaking news this morning. two u.s. border patrol agents have been shot in southern arizona and we have now learned that one of those agents has died from his gunshot wounds. the fbi and cochise sheriff's office, near the area where border patrol agent involved in that fast and furious program was shot and killed, brian terry. we'll have much more on this story, much more information in the next two hours of newsroom. also this morning, it sounds like something out of a nightmare. imagine being on a plane and having your seat detach from the floor mid flight. it's happened at least twice in the past two weeks.

>> we don't want that thing flying around with passengers behind them. >> last night a flight had to return. and emergency landing at jfk in new york after three seats detached from the floor during the flight. the plane was in the air. our affiliate wplg's ross pal palumbo has more. >> reporter: passengers call it chaos. american airlines climbing into the sky with seats suddenly coming loose. >> the seats flipped backwards. it was actually a complete nightmare. >> reporter: the nightmare for her started saturday. just flying from boston to miami when suddenly on take-off three seats flipped over. >> people were essentially on the laps of the passengers

behind them. >> reporter: humorous now, but a serious scare then. the pilot immediately called for help. >> passenger seats, rows 12 d, e and f came loose out of the floor. >> reporter: with one passenger now in a crew jump seat and two others in two empty seats, the plane immediately diverted to new york's jfk. >> we don't want that thing flying around and hurting passengers behind them. >> reporter: they landed without injuries, without further incident on a similar american airlines boeing 757, a similar incident. there was another row of loose seats on take-off. this time on a flight from jfk to miami and another scare. >> nobody got hurt. but certainly it's not the most reliable airline right now. >> reporter: from bankruptcy to mass lay-offs, picketing, pilots call in sick, hundreds of flights delayed, hundreds more canceled. >> certainly an airline that has had more than its share of problems. >> reporter: now this. >> the seat is loose and can rotate pretty quickly. >> reporter: passengers left y

flying by the seats of their pant. >> people were hysterical, trying to figure out their connections. >> in a statement, the faa says american airlines has taken eight aircraft with similar seat assemblies out of service until they can be inspected. much more on this story in the next hour of "newsroom." passenger boats crashed last night, killing at least 38 people in hong kong. arrested crew members on the suspicion of endangering passengers. 123 people were pull friday the water. it's unclear how many others are still unaccounted for. this is hong kong's deadliest ferry accident since 1971. now the march to the presidential election just five weeks from today, a major weigh station could be tomorrow's presidential debate. for those minds already made up, two battlegrounds now in play.

bellwether state of ohio, mobilizing supporters to seize an early lead there. and in florida, first absentee ballots hit the mail today. who will gain the advantage in tomorrow's presidential debate? despite days of intensive coaching and practice sessions, both candidates trying to appear loos loose. >> people want to know, who is going to win, who is going to score the punches, who is going to make the biggest difference in the arguments they make, and all the scoring of winning and losing. you know, in my view, it's not so much winning and losing. >> basically they're keeping me indoors all the time. it's a drag. they're making me do my homework. >> that was the president at a polling station in nevada. he called some random voter and that's what he said. mark preston is in denver for the showdown. the quiet before the storm. right, mark? >> reporter: sure is, carol.

you're right. the candidates in their campaigns are trying to lower expectations tomorrow night. tens of millions of people will tune in. for a lot of people who haven't made up their mind yet, tomorrow's debate could be decisive and could turn people's minds about who they will vote for in november. there's a lot riding on how well mitt romney and barack obama perform tomorrow night. >> just in time, on, i guess, the eve of the debate, there's a new poll out. tell us about it. >> it is, carol. look at this new cnn poll of polls, calculated an hour ago. calculating together six different polls, showing the race say dead heat right now. barack obama has a very short lead right now over mitt romney nationally. this is what the national numbers look like, 49 to 46 right now, barack obama. we should note that this race is really going to be won and lost in states where i stand right now. colorado. other states such as nevada, virginia, ohio. these are very important states

that the candidates will be focusing all of their time on as we head into the spring, into november. carol? >> mark preston, reporting live from denver. cnn has learned months before the 9/11 attack in libya that killed the u.s. ambassador and three other americans, there were security concerns surrounding the diplomatic mission in benghazi. the white house first called the attack spontaneous, the one in benghazi that killed the ambassador, but now says it was preplanned to terrorist linked to al qaeda. mike rogers of the house intelligence committee says key information was left out. >> picked pieces of information that fit a narrative that believed -- i don't want to question their motive, what they thought they were doing, whether it was political or not. it was clearly done.

and i know other committees are going back to look at to see if congress was deliberately misled, which would be a violation of the law. >> joined by our pentagon correspondent, barbara starr. you've been digging into this for new information. you say as early as april, the united states sent special forces into benghazi for a specific reason. >> they did, indeed, carol. what we've learned is that a very small team of special forces commandos were sent to that benghazi compound. this was back in april. if you think back a u.n. -- united nations convoy in the region had been attacked. growing security concerns at that time back in april, about what was going on in that region in eastern libya. so, the u.s. sent a team of about four special forces, commandos to the benghazi compound. they did a security assessment. what could be done to improve security at the facility. and they recommended apparently, we are told, a couple of things that seem fairly minor in

retrospect. sand bagging some positions so libyan forces who were there, contractors, essentially, could help fight back if the place came under attack and also were training for some of that private security force that was hired for the consulate compound. no word on how much of this was implemented and whether there were additional security recommendations beyond that. it really goes to the point that as far back as april, there were growing security concerns there, something the ambassador would have been well aware of as the militias in eastern libya appeared to be gaining strength and coalescing as intelligence was coming in at the time. >> was there ever any discussion of sending troops back to secure the site? >> this has been the question on the table. after the attack when you see that the site had been trashed, possibly classified information

left behind and a real need to guard the facility for potential law enforcement reasons, if the fbi was to come in, it's a crime scene. yet people are able to walk around. what we are told was there was never a serious request for military help. if you think about it, carol, this was essentially now hostile territory. insurgents with rocket-propelled grenade launchers, shoulder-fired weapons. you would have to send a pretty heavy military footprint of people sw equipment and supplies and have the libyan government's permission to do all that in order to put the military there to secure the site. that was not a serious consideration we're told. >> barbara starr live at the pentagon this morning. in financial news this morning, the government is taking a closer look at who may be partly responsible for a financial meltdown, now leading to a lawsuit involving one of

the biggest banks. jp morgan is being sued over fraudulent practices. >> over the course of a weekend, jp morgan bought bear stearns in a government-backed acquirement, actually. jp morgan is legally responsible for bear's actions. unfortunately for jp morgan, these are the type of liabilities you take on when you acquire a company. these are mortgage that is were bundled together and sold to investors during the housing boom. and it led to the housing bust because people couldn't make their payments, mortgage-backed securities went south, banks and investors lost billions of dollars. attorney general says bear systematically failed to evaluate the loans, largely ignoring the defects that their limited review did uncover and kept investors in the dark.

translation for you here? bear didn't do its due diligence. when the bank did find defects with the mortgages it was selling, it didn't tell anybody. even worse, the new york attorney general was saying even when bear was made aware of the problems, the attorney general says they didn't fix them. carol? >> this is a civil lawsuit? a lot of people out there think someone should pay, like with jail time for this kind of stuff. this is a civil lawsuit, which means fines not jail time, if they're convicted of this? >> right. so you know, the only major sort of trial that's come from the wall street meltdown happened in 2009 when two bear sterns hedge fund managers were found not guilty of inflating the price of their mortgage-backed securities. really that is the big criticism here. h who is paying the price? jp morgan is trying to distance itself from this, stregs that the lawsuit deals with bear

sterns. that's understandable. securities in question, they were issued long before it bought bear, in 2006 and 2007. jp morgan is still planning to contest these allegations with jp morgan saying it's disappointed that the attorney general pursued its civil action without offering us an opportunity to rebut these claims. >> probably one of the last groups of people you would think about having voting rights. civil rights groups with battling it out in florida to make sure former felons can vote. now, that's what i call a test drive. silverado! the most dependable, longest lasting, full-size pickups on the road. so, what do you think? [ engine revs ] i'll take it. [ male announcer ] it's chevy truck month. now during chevy truck month, get 0% apr financing for 60 months or trade up to get the 2012

chevy silverado all-star edition with a total value of $8,000. hurry in before they're all gone! it's called passion. and it's not letting up anytime soon. at unitedhealthcare insurance company, we understand that commitment. so does aarp, serving americans 50 and over for generations. so it's no surprise millions have chosen an aarp dicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans,

it helps cover some of what medicare doesn't pay. to find out more, call today. begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye.

it is now 16 minutes past the hour. civil rights activists in florida are launching a new campaign to make sure former felons have a right to vote. 36 states allow felons the right to vote after they served their term and have gone through parole or probation. there are only two states where

prisoners can actually vote while in prison. convicted felons can lose their right to vote permanently. florida is one of those states. naacp chairman ben jealous. >> thank you. >> some felons who are now out and served their time no longer have the right to vote. >> what's most disturbing that's happening here is in this country where voting is a right and where we believe in second chances, this state gave formerly incarcerated people that right with governor crist. then the democrats won florida in 2008 and shortly after that, the governor changed and the conversation shifted. and the new republican governor scott came out and took away the right to vote from those very

people who have been -- who had received it back from the past governor. >> why did he do that? >> you know, he would never really give us a straight answer. we know that when these laws were first expanded, when a wave of them swept the country and here in florida, it was expanded greatly just after the civil war. the reasons that were given were very clear. they said whether it was new york, virginia, the governor talking about trying to block negro suffrage, it was to suppress the black vote. but today you can't talk that plainly. wouldn't explain why it was so very important to do so. >> and, of course, we don't have the governor's side of the story. he is working hard to purge ineligible voters from the roles in florida. there's been a campaign to do

that. you were sentenced for 24 years, after convict ed for drugs. how does your story play into this cause? >> well, i'm from virginia. my case is from out of virginia. ultimately last year i was able to vote in the state of indiana because that's where i was residing at the time. i he recently row located back to virginia. there's over 450,000 people who are disenfranchised, formerly incarcerated people. ultimately i'm having to go through this whole waiting period. i put in an application to get my rights restored in august. unfortunately i still have not received a response and i speak for the practically 6 million disenfranchised people across the country who aren't afforded the opportunity to vote. and in my opinion, it's something that should be a basic fundamental human right. once a person has served their debt to society, there should be automatic restoration of voting

rights. >> i would venture that some americans would put voting rights for prisoners or former felons. last on the list. can you respond to those people, kemba? >> basically, we have over 2 million people who are incarcerated in this country. when you talk about this form of reentry and the fact that these people are going to be your neighbors, for me i'm unique. i was given executive clemency from the president, have a strong sense of family support and have the resources. but it's difficult, reintegrating back. and on historical election days, not being able to participate and seeing other people participate, it makes one feel inferi inferior. you don't want people trying to reintegrate, trying to live a better lifestyle to feel this way. it's hard for me to be able to explain to my children why i'm not able to vote when i pay taxes, they see me working hard and doing things i should be doing as a citizen. >> what this comes down to

really is do you think voting say right or a privilege? if voting is a right, people who have paid their debt to society should be allowed to vote. demographics are changing, more of this rhetoric that voting is not a right but a privilege. it should really be outrageous to all of us. the very foundation of our country is that voting is a right. vermont and maine probably have the two smallest black populations in the country. unfortunately race has been a big part of this in the state of virginia, where she's from, when the law was put in place, when it was embed into the state constitution back in 1902, the person who was doing that was actually talking from the floor of that convention and i quote, because of this plan, darky will be zeroed out as a factor in our state's politics in five years. it was a very sordid racial had

history. >> you're saying this is of a race issue than anything else? is that what you're saying? or is it -- >> i'm saying at its very origin, when you go back and read the reports from the -- >> i'm just talking about today. i'm just talking about today. is it a racial issue today? >> but you can't separate it. look, when the -- when virginia put this into their state constitution in 1902 and it's been there ever since, you have to ask the question, why was it put there in the first place? what you see is that it was put there in the first place as jim crow reforms to suppress the black vote. we've tolerated it ever since. so, you know, there are some things like voter i.d. where people may say are similar to jim crow. this, unfortunately, is a vestage of jim crow. here in florida, you really only have two big points that this was used. one was right after the civil war, when it was greatly expand.

it had been used for about 24 years before but greatly expanded right after the civil war. then you have governor scott putting it back in place after the prior republican governors decided to cut bait with that sordid history, affirm people's right to vote and affirm their right to a second chance. >> ben gjealous and kem bra praidi, we appreciate it. >> thank you. >> will president obama beat himself in the debate? we'll talk. of any small business credit card! how does this thing work? oh, i like it! [ garth ] sven's small business earns 2% cash back on every purchase, every day! woo-hoo!!! so that's ten security gators, right? put them on my spark card! why settle for less? testing hot tar... great businesses deserve the most rewards! [ male announcer ] the spark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day!

what's in your wallet? here's your invoice. we don't let frequent heartburn come between us and what we love. so if you're one of them people who gets heartburn and then treats day after day... block the acid with prilosec otc and don't get heartburn in the first place!

[ male announcer ] one pill each morning. 24 hours. zero heartburn.

one of the big stories of the day, the question for you this morning, will president obama beat himself in the debate? saying what a great debater mitt romney is. but some say the president should stop lowering speculat i expectations and do a little self reflection. president obama's greatest enemy isn't romney, but himself. because, shall we say, the president is quite confident.

here he is at a polling station in henderson, nevada. >> basically they're keeping me indoors all the time. it's a drag. they're making me do my homework. >> he was joking but polls show that most people believe that obama will ace the debate. still, some are concerned about his tendency to appear smug, testy sb y and impatient. remember what this four years ago? >> he's very likable. i agree with that. i don't think i'm that bad. >> you're likable enough. >> thank you so much. >> some felt that comment oozed c condescencion and cost him the primary there. smile, make his points, but

being gentile. will president obama beat himself in the debate? facebook.com/carolcnn. your responses, later this hour. one dramatic event can influence the outcome of any election. it's called the october surprise. we'll show you some of the best examples of that.

okay. you're looking at it. live picture out of denver, colorado. the first presidential debate will take place tomorrow night, as you know. cnn's coverage starts at 7:00 eastern. sex scandals, arrest histories, even wars have influenced voters days or weeks before the presidential election. sometimes they're planned and sometimes they're not. senior congressional correspondent dana bash looks at

some of the more memorable october surprises. >> reporter: election year 1972. the raging unpopular war in vietnam consumed the bitter campaign battle between president nixon and george mcgovern. suddenly october 26th, 12 days before the election, vietnam negotiator henry kissinger made a surprise statement. >> we believe peace is at hand. >> the first so-called october surprise, late in the game campaign event with a significant impact on the election. >> in order to win re-election for nixon in 1972, they needed to end the vietnam war. this was sort of the definitive statement. >> the most famous october surprise was in 1980 and the surprise was what did not happen. 52 u.s. hostages held in iran were not released before the election in spite of president carter's efforts.

instead, they were freed as soon as ronald reagan was inaugurated, delayed freeing the hostages. >> it fed into the whole dynamic of the 1980 race in the sense that jimmy carter was a stumbling, ineffective president. >> reporter: fast forward to 1992. president george h.w. bush was already on the ropes against bill clinton over a sluggish economy. when casper weinberger was implicated in the iran-contra scandal shortly before election day. bad news that bush, who served as reagan's vice president, did not need. in 2004, a classic october surprise. osama bin laden released a video on october 29th, just four days before election day, in a razor thing race between president bush and john kerry. three years after 9/11, it served as a reminder of the

terrorist threat and strategists in both parties believe had helped president bush. more recently, the term october surprise has come to mean a seismic event in the fall of an election year. most have centered around foreign policy, others have been about the economy, like in 2008. when the economy imploded, john mccain's advisers say his campaign collapsed along with it and never recovered. historians say in order for an october surprise to have a real 11th hour impact it has to feed into a narrative that already exists, whether it's carter's ineffectiveness or questions about mccain's credentials on the economy. >> it's not so much that suddenly, eureeka, this is so surprising, so amazing but rather people nod, yes, this is where we thought things were going. >> that is so fascinating. dana bash is live from our washington bureau. so, question, do some think friday's jobs report from the labor department, could that be

an october surprise? >> sure. why not, carol? at this point, anything could be an october surprise. the fact is that maybe we've already seen it. maybe it was the tragedy in libya, the unrest in the middle east and how the candidates responded. maybe it was that infamous 47% remark that mitt romney had. maybe one or both of the campaigns has some dirty trick in their pocket that they're going to be ready to get out there at the 11th hour. but you know what? if we knew, it wouldn't be called an october surprise now, would it? >> that's very true. you've got that right. dana bash, that was a great story. thank you so much. >> thanks, carol. cnn's live debate coverage begins tomorrow night at 7:00 eastern. nfl legend barry sanders, there he is. i'm so excited, barry, that you're here. we'll talk next. [ male announcer ] alka-seltzer plus liquid gels speeds relief to your worst cold symptoms plus has a decongestant for your stuffy nose. thanks. that's the cold truth!

thanks. one is for a clean, wedomestic energy future that puts us in control. our abundant natural gas is already saving us money, producing cleaner electricity, putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us in control of our energy future, now. take the steps to reach yours, everyowith usgoals. with real advice, for real goals. the us bank wealth management advisor can help you. every step of the way. from big steps, to little steps.

since 1863 we've helped guide our clients, so they can take the steps to help grow, preserve, and pass along their wealth. so their footsteps can help the next generation find their own path. all of us serving you. us bank [ male announcer ] introducing a reason to look twice. the entirely new lexus es and the first-ever es hybrid. this is the pursuit of perfection.

detroit tigers are american league central champs after beating up on kansas city last night. miguel cabrera, look at him there. he hit a home run as he closes in on a possible triple crown. that's awesome. champagne showers fill the nationals dressing room, too. nats clinch the n.l. east. bryce harper, he can't drink yet. they sprayed apple cider on him instead of champagne and he took a few sips of that. oakland a's claimed an american league wild card spot after beating tex ining texas. chicago bears made tony romo absolutely miserable, picking off the cowboys quarterback, count 'em -- five times. five. they returned two of those for touchdowns. bears went on to beat the

cowboys on their home field 34-18. it's the second time in his career he has pick ed off five times. oakmont vikings going for an extra point at the end of the game. you'll see it here. holder throws a wedding bouquet pass and it's caught for a two-point conversion. yeah, what a play. oakmont beats lincoln. this was not the first wedding bouquet pass. deadspin.com reports a high school also used the trick play, but amazing nonetheless. another kind of trickery on the field when barry sanders carried the ball. sanders defined elusiveness, one of the hardest runners to bring down in the history of the game. we have grabbed him this morning to talk about a project he's a big part of. traveling exhibition from the pro football hall of fame. good morning, barry sanders. there you are. >> good morning.

>> there you are, being inducted into the hall of fame. seeing those pictures, how do you feel? >> feels great. brings back a lot of great memories. >> tell us about the exhibition. what's it about? >> you know, it's a great story that the nfl and hall of fame tells. it's a traveling exhibit. it really kind of brings the story of the hall of fame to fans in respective nfl cities and so you'll be able to, you know, do things like step into a replay booth and make a call, for instance, or put on an authentic nfl jersey and learn about, you know, all the great characters that have played the game. this year is hall of fame 50th anniversary. that's what we're doing. >> who is your favorite character? >> i would probably say someone like vince lombardi. he really represents what the nfl is.

and what all coaches aspire to and the great motivator and great champion. and so i would probably say someone like him would be my favorite. >> i think people visit the hall of fame once but should go back because it's been totally redone and is a fascinating place to visit now. >> it really is. that's what we're trying to do, give people a little taste of canton in this traveling exhibit. it will come around to a lot of your nfl cities. and it really gives you a real feel for, you know, the hall of fame itself there in canton. if you can't come to canton, maybe you can make it out to this traveling exhibit. >> especially if you're there. although i doubt you'll be at all the exhibits across the country. i really would love to ask you about your son, playing at stanford, playing your position. how is he doing? >> doing well. red shirt freshman.

and, you know, they're having a good year. like i said, he won't see any action this year, but that's where he is, working hard. and, you know, they're still having -- have a great team and hoping for big things from them. >> is he as good as you or will he be as good as you were? >> well, i don't know. i mean, that's putting a lot of pressure on him, you know. the thing i'm happy about, he was good enough to get a scholarship and good enough to get a scholarship to stanford and he's on his way. i'm happy for him. >> i heard so many articles where he was quoted saying he realized how great you were and no way he can compare. he seems to have his had head on straight, too. >> you know, he's a good young man. and done a fine job and, you know, it's natural to make the comparis

comparison, but, you know, at the same time, you know -- even to be able to make it into the nfl is really difficult and something that's not a given. and i think he understands that. >> just a question. because i know you're a detroit fan still. i won't ask you about the lions. they've had a slow start to put it mildly. but the tigers, that's amazing. miguel cabrera, will he win the triple crown and should he get mvp? >> he has my vote for mvp, absolutely. and, you know, it's been a fantastic year. tigers have put together a string of years that we're proud of as detroiters. and, you know, it's a very exciting time now to be a detroit tigers fan. >> not so much a lions fan, but i'm sure they'll get it together. who knows. barry sanders, thank you for being with us this morning. >> it's been my pleasure. thanks for having me.

i've been a superintendent for 30 some years at many different park service units across the united states. the only time i've ever had a break is when i was on maternity leave. i have retired from doing this one thing that i loved. now, i'm going to be able to have the time to explore something different. it's like another chapter.

at least 38 people are dead after a passenger ferry collided with another boat off hong kong. second vessel filled with families going to see a fireworks display started sinking after the impact. six crew members have been arrested from the boat on suspicion of negligence. french prosecutor drops an investigation into dominique strauss-kahn's link into a possible gang rape in washington. belgian woman has withdrawn a previous statement and now says she doesn't want to press charges. former imf chief is still under investigation, accused of participating in a prostitution ring in france. strauss-kahn denies any wrongdoing. massive fire under control in the canadian city of winnipeg at a plant that makes racing wheels. residents have been allowed back home now. no reports of any injuries or what caused this fire.

the owner of the new york jets seems more concerned about mitt romney than, you know, the quarterback controversy or the jets winning or anything like that. a.j. hammer joins me now. if you think about trk that's probably a good thing. >> owner woody johnson, carol, says he is more focused on the presidential race than a race for a playoff spot. jets fans may welcome this distraction, certainly, from thinking about the last game their team played, the loss to the 49ers sunday i won't reveal that again. johnson may have a better chance backing romney. take a listen to what he just told bloomberg tv. >> well, i think you always have to put country first. i think it's very, very important that for -- not only for us, but in particular our kids and grandkids that this election come off with mitt romney and ryan as president and vice president. >> okay. so johnson is choosing paul ryan

over jets coach rex ryan. but he is a major fund-raiser for the romney campaign in new york and connecticut and also in new jersey. just as he was for john mccain and george w. bush. the news isn't too surprising. he's not alone. more than a few team owners in major sports are politically involved. there can be a backlash from these kinds of political stands. famous quote from 1990. michael jordan was asked to support a democratic candidate for senate, declined at the time saying republicans buy shoes, too. currently the owner of the charlotte bobcats and raises money for president obama. i don't think he's all that concerned at this point in his life and career that people will alienate him because of his political choices. >> back in the day, he was selling a lot of shoes. maybe that was the reason for that comment. a.j. hammer, thanks so much. he will be back with us in the next hour for more showbiz headlines. the man behind the viral

individu video sits down to talk about his breakdown and hospitalization. one credit card company is paying out hundreds of dollars to each of its card holders. it's not because they racked up a bunch of reward points.

[ thunder crashes ] [ female announcer ] some people like to pretend a flood could never happen to them. and that their homeowners insurance protects them. [ thunder crashes ] it doesn't. stop pretending. only flood insurance covers floods. ♪ visit floodsmart.gov/pretend to learn your risk.

one credit card company is shelling out big money to customers, but these aren't your typical cash back rewards. no, american express is set to give up $85 million in rep funds or hundreds of dollars to about 250,000 of its card holders after the consumer financial protection bureau accused american express of deceitful practices. alison kosik is here to fill us in. >> exactly, so the cfpb, what it is doing, carol, it's accusing

amex of what's called deceptive lending practices. sound familiar? it should, this is a term we heard a lot during the recession that led to the mortgage meltdown. the cfpb was created a few years ago to crack down on these things. it's certainly cracking the whip this year because just this year alone discover and capital one have had to refund their customers for these deceptive practices. in this case, the amex case, cfpb charged people fees above the legal limit, plus saying telemarketers misled customers telling them they'd get $300 for signing up for the blue sky credit card, that didn't happen. amex also is accused of self-incriminating against new applicants based on age. so all of these things and the result of all of these things is amex now that has to refund it customers. so $85 million will go to 250,000 people. carol? >> how do people get their money? >> okay. so the money will actually go directly into your account if

you've still got an amex account. if you're not a customer anymore, the company will wind up mailing you a check. the amount of the refund is going to depend on what your situation is. so people, let's say, who were promised that $300 for the blue sky card, they're going to get that money, others will be reimbursed these late fees plus interest. if you want more information, go to cfpb's website. you can go to consumerfinance.gov. it's on the screen, i believe. consumer finance.gov. but one thing that the cfpb is saying, carol, it's amex responsible for notifying that you shouldn't have to do anything. if some other strange entity calls you and says, hey, we're going to help you get your refund, that's a scam. amex will get you your refund. >> talk back question this morning, will president obama beat himself in a debate? your responses next.

overmany discounts to thine customers! [old english accent] safe driver, multi-car, paid in full -- a most fulsome bounty indeed, lord jamie. thou cometh and we thy saveth! what are you doing? we doth offer so many discounts, we have some to spare. oh, you have any of those homeowners discounts? here we go. thank you. he took my shield, my lady. these are troubling times in the kingdom. more discounts than we knoweth what to do with. now that's progressive. the wheels of progress haven't been very active lately. but because of business people like you, things are beginning to get rolling. and regions is here to help. making it easier with the expertise and service to keep those wheels turning. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going.

together.

talk back question of the day, will president obama beat himself in the debate. this from april. obama has important things to say and solutions to talk about. all romney can do is sling mud because he has no strategy or defense and most importantly, no solutions. this from eleanor, arrogance always looks better than humility for those who believe themselves to be god. this from bob, who cares? worst choice since ford and carter. and this from dean, the president always rises to the occasion and has proved he works best under stress. i'm confident he'll get his message across tomorrow night loud and clear. facebook.com/carolcnn if you'd like to continue the conversation. the next hour of "cnn newsroom" starts right now.

happening now in the newsroom, scare in the air. >> the seat is loose and rotate pretty quickly. >> based on american airlines seats coming loose, eight planes grounded and the faa is investigating. counting down to tomorrow's debate, president obama's biggest challenge not mitt romney? legalizing marijuana, it's not just a pipe dream in the state hosting tomorrow's debate. we'll look at an issue for a coveting voting block. and ikea is apologizing, now saying it regrets deleting images of women from the saudi version of its catalog. "newsroom" starts now. good morning, and thank you so much for being with us, i'm carol costello, we begin with the growing problem for american airlines.

imagine being on a plane and having your seat just detached from the floor while you're in the air. it's happened twice in the last few days on two separate american airline planes. >> passenger seats rows 12d, e, and f came loose out of the floor, and we don't want that thing flying around. the seat is loose and can rotate pretty quickly. >> yesterday a flight from new york to miami had to return to jfk after some seats came loose in the cabin. and last week a seat from boston to miami had to make an emergency landing at jfk in new york after three seats detached from the floor during the flight. affiliate reporter ross colombo from wplg joins us on the phone. i know you've been covering this story for the miami area. it's unthinkable for this to happen not once but twice. >> well, this morning, carol, we're hearing reports of a possible third incident. it was last wednesday on a flight from colorado to dallas

where, again, the seats came loose. this morning, the faa can only so far confirm investigating the two incidents from yesterday and saturday. all of this as we're getting that first look at an actual photo of the problem and hearing from a passenger on one of those flights. >> the chaotic experience. >> reporter: passengers call it chaos, american airlines climbing into the sky with seats suddenly coming loose. >> the seats flipped backwards. it was actually a complete nightmare. >> reporter: the nightmare for her began on saturday. this woman too shaken to show her face says she was just flying from boston to miami when suddenly on takeoff three seats flipped over. >> and so people were essentially on the laps of the passengers behind them. >> reporter: humorous now, but a serious scare then, the pilot immediately called for help. >> passengers seats, rows 12d, e, and f came loose from the

floor. >> the plane immediately diverted to new york's jfk. >> we don't want that thing flying around and hurting passengers behind us. >> they landed without injuries, without further incident on a similar american airlines boeing 757, a similar incident. there was another row of loose seats on takeoff. this time on a flight from jfk to miami and another scare. >> nobody got hurt. but certainly it's not the most reliable airline right now. >> from bankruptcy to mass layoffs, american has had pilots call in sick, hundreds of flights delayed, hundreds more canceled. >> this is certainly an airline that's had more than its share of problems. >> reporter: and now this. >> technician loose and can rotate quickly. >> people were hysterical trying to figure out their connections. >> this morning says it has inspected the planes and believes it may have something to do with the design on these

boeing 757s. specifically with the fasteners how the seats connect to the fuselage. and they say they found no problems. their engineers, though, this morning are still looking into it, carol. >> all right, ross colombo from wplg, thank you so much for joining us this morning. let's talk about it, is it a design flaw? the 757? miles o'brien joins now via skype. what do you think the problem is? >> i think it's late in the game to be saying there's a design flaw in the 757. they've been around for 20 plus years now and to say they're suddenly coming loose because of a design flaw probably doesn't hold much water. i think you do need to put this into context at the airline. the airline's in bankruptcy, the pilots deny it, but there is clearly a work slowdown going on right now, which is to say pilots are writing up a lot of

maintenance issues they might not have written up in the past. and the maintenance department is awfully busy on top of everything else going on in that airline. so you have to wonder if they're tightening down those bolts as carefully and double-checking things as they have in the past. i should point out that when an airline is in bankruptcy as american is right now, the faa does step up its inspection process on an airline. so in theory, the government is looking over their shoulder. >> well, some people think this is sabotage because of the problems with the union, at the airlines and it's difficult for me to believe that someone would endanger passengers. >> you know, i would never ever suggest that is the case. i can't imagine any pilot, any flight crew deliberately sabotaging and putting people in harm's way. it's one thing to fly to the letter of the law in order to make a point to management, it's an entirely different thing to put people in harm's way.

and i think you're right. your initial reaction, carol, it's hard to believe, i think we should stay with that. i don't think that would happen. >> miles o'brien, thank you so much for enlightening us. we appreciate it. >> you're welcome. talk about what's happening in arizona. two u.s. border patrol agents have been shot. one of those agents has now died. a shooting occurred in the southeastern part of the state near the mexican border, the fbi and the county sheriff's office are investigating, but they have not released any names, not yet. we have a former cia operative and cnn contributor bob bair is on the phone. have you been able to find out what happened? >> well, i think the point in this shooting is the borders are still porous, and for counterterrorism officials right now this is probably a question of illegal immigrants or drug smuggling. but the question is, will terrorists ever try to use our borders to get inside this

country and infiltrate themselves in ours? it's a real one. i know people working hard on closing up this border, but we're far from it. >> this is the 14th agent killed in the line of duty since 2008. three of them just this year. so obviously you're right. there are problems here. >> well, we have to move on that border. you know, the world is not a safe place. i mean, you know, we had the stuff going on in the middle east, seems distant, but it very well could -- the fact we've gone all these years hasn't been a serious attack on the united states, since 9/11 doesn't mean there won't be one. and the easiest way to get in this country as we saw on 9/11 is either from canada and mexico. and this should be one more reminder to us that we cannot stop our efforts. >> the irony here is there's a station named after the border patrol agent who was killed, you

know, in the midst of that fast and furious unfortunate program that the government was running for a while. you would think there would be extra patrols there or added safety measures, and maybe there are and i don't know about them. >> well, i think the problem is for so many automatic weapons down there, there are even grenades coming across the border. and so our broader patrol is outgunned. and you know, short of moving into armor, you can't entirely protect them. what we have to look at that border is like any disputed border, it has to be well-protected sort of like between israel and lebanon where it's impossible to get across it without the border patrol knowing and being alerted, especially with people carrying weapons. >> former cia operative, thanks so much for joining us this morning. now the march to the presidential election just five weeks from today.

the day both candidates are off the cam taken trail and hunkered down for intense coaching and practice. mitt romney is in colorado where the debate is being held, president obama is in nevada right now. yesterday, the president visited with volunteers at a campaign field office in henderson, even picked up the phone and joked with a voter about tomorrow's showdown. >> they're basically keeping me indoors the whole time. they're making me do my homework. >> cnn political director mark preston is in denver. are you inside the hall right now? no, you're still outside. >> reporter: outside. it's beautiful out here, carol. >> it's beautiful. well, you have been inside, i mean, it's a pretty impressive arena. >> it is a pretty impressive arena. and there's going to be so much on the line when we see barack obama and mitt romney face off tomorrow night. you know, carol, when we talk about moments in a campaign and how important they are, it's hard to argue that tomorrow night is not going to be the

most important moment in this campaign. mitt romney, barack obama facing off, tens of millions of people watching them. you know, there's over 3,000 journalists that are going to be here just covering it, 700 of them are from foreign countries. so there's so much on the line, carol. >> well, back to the debate for a moment, we saw the president joking there the polling station in henderson, nevada. some political analysts say the president isn't taking this seriously enough. he kind of knows mitt romney's not a good debater and maybe he's overconfident. >> well, he's got to be careful about that. tomorrow night, we're going to be looking for moments. one of the strengths for president obama this past year when we're looking at polling is that the american public generally likes president obama even as they have said that his job approval has been below 50%. so we're looking for moments, we're looking to see who goes on the defense, who's on offense tomorrow night, and who might slip up. but it's all about expectations, and in fact, 12 hours ago, mitt romney here in denver addressed that. let's take a listen. >> people want to know who's

going to win, who's going to score the punches and who's going to make the biggest difference and the arguments they make and there's going to be all this scoring of winning and losing. you know, in my view, it's not so much winning and losing or even the people themselves, the president and myself, it's about something bigger than that. >> and you have mitt romney trying to down play expectations of tomorrow night's debate. in fact, his advisers are telling us that, in fact, this is one of several debates he'll have a chance to address the american people and explain to them why he would be better, carol, off, taking care of the economy that's done so poorly than president obama has. >> live from denver this morning, cnn's live coverage of the debate starts tomorrow night 7:00 eastern. time is running out for congress and president obama to reach a budget deal. if they don't, the fiscal cliff could cost you thousands of

dollars in tax increases and they could begin next year. alison kosik at the new york stock exchange. i was scared, alison. >> yeah, you know why? because this would have a huge impact if we do go over this so-called fiscal cliff. 88% of us, we are going to pay more in taxes. the tax policy center says, you know what? for the average american, it means thousands more dollars in taxes. now, overall, of course, varies based on how much you make. and i want to show you what you make here. for low-income people, people making less than $20,000, an extra $400 in taxes you pay, in the middle income area, an extra $2,000, the richest people making over $108,000, you pay an extra $14,000 extra. why would all this happen? well, of course, a record number of tax increases, they're all going to kick in beginning in january if congress doesn't step in and stop it from happening. what would happen? these bush-era tax cuts would go away. the payroll tax holiday, that would expire, the health reform

taxes, those would kick in. guess what? it would all mean less money in our wallets. carol? >> wow. well, you have to think that when congress looks at those numbers, lawmakers would get together and sing for the good of the american taxpayer. >> well, you know what? they're certainly not doing it before election day, don't count on that, but there is good news. that cnn money asked 17 economists, what do you think? do you think congress will get a deal done in time? and that's unanimous. all 17 said yes. they don't think we're going to go over the fiscal cliff meaning everything all at once won't happen. not to say that little pieces of it won't go away. but remember, this is just a guess. those economists, they're putting a whole heck of a lot of faith in congress. that's taking a leap. and as i said, nothing's expected to happen until after november 6th. get ready for this to come down to the wire, something that congress has done often times, the best at procrastinating, aren't they? and that's a big worry because we've heard how the congressional budget office that they're going to think the u.s. could go into a recession if

congress doesn't get their act together in time. carol. >> alison, thanks. early voting kicks off in florida and ohio this morning. key battleground states for the presidential election, but with 35 days to go, a lot of people have already made up their minds. [ female announcer ] did you know the average person smiles more than 50 times a day? so brighten your smile a healthy way with listerine® whitening plus restoring rinse. it's the only rinse that makes your teeth two shades whiter and two times stronger. ♪ listerine® whitening... power to your mouth.

i had[ designer ]eeling enough of just covering up my moderate to severe plaque psoriasis. i decided enough is enough. ♪ [ spa lady ] i started enbrel. it's clinically proven to provide clearer skin. [ rv guy ] enbrel may not work for everyone -- and may not clear you completely, but for many, it gets skin clearer fast, within 2 months, and keeps it clearer up to 9 months. [ male announcer ] because enbrel®, etanercept, suppresses your immune system, it may lower your ability to fight infections.

serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding, or paleness. if you've had enough, ask your dermatologist about enbrel.

it is 16 minutes past the hour, let's get to that breaking news. we're getting news that a pennsylvania judge has ruled on a state law that requires voters to show a photo i.d. before casting their ballot. critics say that law unfairly targets the poor. joe johns is in washington. what's the ruling? >> well, carol, the ruling is that judge robert simpson in pennsylvania has issued an injunction. that means he has temporarily cut off the state of pennsylvania from enforcing and going forward with this voter i.d. law as to the november election this year. the state supreme court had already ruled that pennsylvania could have a voter i.d. law. the question was always whether the state would have time to

implement that law by election day this year. so the judge got a decision on appeal and he had to make another ruling. so i just want to read you very briefly the most important language. the state of pennsylvania is preliminarily enjoying, that means cut off from implementing or enforcing the controversial part of that law through the general election november 6th, 2012. he said nothing in the injunction prohibits the state from doing some of the other things that the law requires does not require voter i.d. so this is certainly a victory for those in the state who said, look, there's not time to implement this law and asking for people to get voter i.d. at this late date is just a bridge too far. the important thing we also have to say is there was a dissent on the appeal that happened in this

case. and there were some judges in pennsylvania who say this thing's going to be appealed anyway, and an appellate court is going to have to decide this and who knows how far it goes. so there could be some other appeals, nonetheless, the headline here, the important headline, a victory for people who are fighting against voter i.d. laws in pennsylvania, a judge has temporarily stopped the law -- >> you do not have to show a photo i.d. to vote in the state of pennsylvania? >> that appears to be the case. at least until november -- until after november 6th. they're still going to have this law, it just doesn't appear to this judge that they're going to have time to implement all the procedures and get people the i.d. that they need so that no one will be disenfranchised, carol. >> all right. joe johns reporting live from

washington. both presidential candidates are trying to down play the importance of tomorrow night's debate. the only problem, it may be too late. voting in some critical battleground states has already started and that includes ohio and florida. some people even held a sweep out the vote rally last night in columbus, ohio, trying to be the first in line to cast a ballot. welcome, gentlemen. >> happy to be here. >> thank you for having us. >> so, henry, i'd like to start with you. were there a lot of people lined up to vote? this morning? >> well, in cuyahoga county, there were about 15 people there last night who stayed over and then this morning by 8:15, the polls opened at 8:00 there were already 200 people in line to vote. and they were expecting hundreds more throughout the morning in cuyahoga, which is the most populous county in ohio. >> i know in 2008, lots of people chose to vote early in

the state of ohio. will the early voting numbers match 2008? >> right now they're thinking that the early voting numbers might exceed 2008. you know, there are two ways you can do it. you can do it by mail, which is still the most popular way to vote absentee and early, or you can do it in person monday through friday at your local board of elections between set hours. so, yes, they are expecting it to exceed 2008 since more people are familiar with the options available to them. >> so, aaron, i know there have been some challenges to florida early voting. when it comes right down to it, how long will people be able to vote early this time around? >> yeah, in florida it's the same way as ohio. there's two ways to early vote. there's one through absentee mail ballot, and over the next week, voters will be receiving them. folks wanting the early vote. in 2008, they have 14 days, and charlie crist actually extending

early voting hours to allow more to cast ballots. the republicans changed that law in 2011 and said now you only have eight days to vote. early voting in person voting doesn't start until october 27th and goes through the final friday before the election. democrats say, hey, we want to vote on that final sunday. it's a big turnout day for african-americans, republicans say we want to have the fairest and fraud-free election so we need that break in between for the end of early voting. >> so eight days peel have to early vote in florida. what's the turnout been like in florida? >> well, it -- the turnout is going to be interesting to see, actually. in 2008, more than half of the ballots cast for the presidential election were cast before election day. so you have this really interesting thing of you have, you know, barack obama and then john mccain coming, barn storming through the state where a lot of votes were already cast. we're expecting a similar picture in 2012. obviously florida is the biggest link state in america, 29

electoral votes, already republicans and democrats are organizing lawyers in every one of florida's 67 counties, get ready to challenge ballots. hearing stories of potential voter registration fraud. so it's florida, it's every year, every election there's lots of questions, and this is another year. i'm sorry you're going to have to deal with us, put up with us through november 6th. >> florida, florida, florida. henry, critics of early voting say people are already voting, the presidential debates haven't even happened yet. and something could well happen in the presidential debates to change people's minds. and that's maybe why we shouldn't have early voting because there's just not enough time. >> well, sure. you hear that argument. and there are a lot of voters who are waiting till at least tomorrow night's debate before, you know, sending in their absentee ballot or showing up at the board of elections to vote. but really, one thing i wanted to point out, we're facing a similar situation here in ohio and florida. this weekend before election day, back in 2008 it was open

for early in person voting at the board of elections. it was an advantage that many democrats took advantage of. they would organize buses from, you know, sunday church services or from union offices. and bus folks down to the board of elections to vote. that window right now is influx. because the state republican officials challenged it, a federal judge ordered that banning those three days in person is unconstitutional and now there's an appeal process, there's a lot of uncertainty following the final three days. there's a lot of time for people to vote a 35-day window. and i imagine that many will wait until that last week or so to do so. >> and, you know, republicans would say they're just trying to make sure there's no voter fraud during this election and that's why there have been all these efforts, you know, to kind of like trim back early voting. i mean, aaron, from your reporting, what's the real reason behind this?

>> well, the reason they say is, again, to curb fraud, but when you look at the evidence, i think someone here with the american civil liberties union in florida points out there are more shark attacks in the state of florida than cases of voter fraud. and when you drill down what thes kas of voter fraud are, they all happen to do with absentee ballots or voter registration. really they haven't touched absentee ballots. and when you look at who does what at least in florida, if you're voting by mail and absentee, you're more likely to be a republican. if you vote in person, you're more likely to be democrat. and republicans in 2011 really targeted early voting to try to limit the opportunities in some ways for fraud, but also maybe limit access to the ballot box, as well. and an argument playing out in court here in florida. some democrats accused republicans of essentially unfairly targeting minority voters by curbing the number of

days of early voting in the state. >> henry gomez -- i can't say your name fast when i say it together. henry gomez, thanks to you both for being here this morning. cnn's live debate coverage begins tomorrow night 7:00 eastern. ikea now apologizing after criticism over gender equality. it's all over these ads. note the difference between the one of your left and the one on your right. [ male announcer ] the freedom and spirit of malibu

is an awesome place to be. introducing the all-new 2013 chevrolet malibu eco. ♪ sophisticated new styling, the fuel-saving intelligence of eassist, 37 mpg highway, and up to 580 highway miles on a single tank of gas. ♪ the all-new 2013 chevrolet malibu eco. ♪ it has everything to put you in the malibu state of mind no matter what state you live in. ♪

now tack back on one of the bier stories of the day. will president obama beat himself in the debate? president obama's running around the country saying what a great debater mitt romney is. but some political analysts say the president should stop lowering expectations and do a little self-reflection. because as politico says, president obama's greatest enemy isn't romney, it's himself. because shall we say, the president is quote quite confident. here he is at a polling station in henderson, nevada. >> basically they're keeping me indoors all the time.

they're making me do my homework. >> he looks pretty darn relaxed, doesn't he? keep in mind, polls are showing most people think obama will ace the debate. still obama's advisers are concerned about the president's tendency to appear smug, testy, and even impatient. remember what he said to hillary clinton during a primary debate four years ago? >> he's very likable. i agree with that. i don't think i'm that bad. >> you're likable enough, hillary. >> thank you. >> some felt that comment oozed kond sengs. the president is pretty frosty. he says that in the debate, obama has to do something that doesn't come naturally. smile, make his point, be genteel. the talkback question for you today, will president obama beat himself in the debate.

facebook.com/carolcnn. your comments later this hour. good morning, and thank you for joining us. i'm carol costello. it's 30 past the hour. just minutes ago, a pennsylvania judge ordered a halt to a state law that requires voters to show a photo i.d. before casting their ballots. critics argue the law unfairly targeted minorities and the poor with just five weeks before the presidential election, the judge's ruling is likely to face an appeal from the losing side. in chicago, the teachers union is urging its members to vote yes today on an agreement with chicago's board of education. union members are encouraged to approve raises of 17% over four years and merit pay reform and measures to ensure job security. results expected wednesday or thursday. to the vatican where pope

benedict's former butler is taking the stand and defending himself. he's charged with stealing expensive documents that embarrassed the vatican. those point to corruption and power struggles within the church. the presidential candidates have been down playing their debate performances over the past couple of weeks. president obama said that preparing for the debate was quote a drag. in the meantime, mitt romney says it's not about who wins or loses, it's about who -- well, he didn't say anything about a game. but he said, we have serious issues at play here. both men have been practicing for the debate. joining me now, the political professor, jason johnson and republican strategist thank you so much. for some reason i'm a little off kilter now, but i'm fine. jason, you know, i'm just

wondering about this pennsylvania ruling. a judge ruled you don't have to show your i.d. before you vote in pennsylvania. of course, that's on appeal. but on the day of the election, you won't have to show your voter i.d. will that make a difference for democrats, let's say? >> that's going to be a huge difference for democrats. you had the republican head of the state senate saying that voter i.d. was going to hand pennsylvania to mitt romney. well, now the state is at play. so mitt romney has to compete fairly, there's not going to be any voter i.d. laws disenfranchising people. it doesn't mean you can't win the state, but you can definitely say pennsylvania leans blue, leans toward obama without voter i.d. sort of gumming up the works. >> so, ron, is the pennsylvania ruling a blow for republicans? >> no, i don't think so. mitt romney thinks he can still be competitive in pennsylvania. i think we'll see people voting multiple times. we want to make sure that people when they vote, they're registered to vote and it's

there and it's valid. >> okay. so let's talk about early voting. because early voting has already started in ohio and in florida. so jason, you know, the first presidential debate hasn't even happened yet. it just seems wrong somehow. >> well, i think early voting makes sense. i've been saying all year there's no such thing as an undecided voter when you've got an incumbent president. barack obama's been in the office for four years. pretty much every american already knows who they're going to vote for. all they want to do is go and vote. i'm voting in ohio next week, most americans do -- >> wait a minute, jason. you already know how -- the presidential debates haven't happened. i know you will be glued to the set. >> i've been watching these guys for years, i know who's good and who's bad. it's not that complicated at this point. >> so, ron, both candidates are fighting for a tiny teeny bet of the electorate. is this normal? >> no, i think it's very normal. it's been reflective over the last two or three presidential cycles.

if you look at it in the early voting, you have both sides have the low 40s in terms of a base election, you have people in 42%, 43% saying we know who we're going to vote for. now they're focused on the ot r other, you know, between 5% or 8% and 9% of how can they sway the swaying voters? and that's what these debates and that's what the last five weeks are going to be an attempt to do. so, no, this is not unusual. and this is what happens. this is how the country is so easily divided that it's that type. that's going to be a nail biter. >> okay. i'd like to now explore the issue of the october surprise. and will there be an october surprise and who will it benefit? >> if it's a surprise, we don't know, do we? that's the interesting thing about it. it could be -- i actually think what happened in libya could be considered our late october surprise, but who knows. you know, mitt romney could come out and say, you know, i gave $1

million to end the referee strike, that's why it happened. barack could get michelle pregnant. who knows, anything could happen in the next month. and the thing is, it's going to be how the campaigns manage it, not the surprise. >> ron, do you agree? >> yeah, i think there will end up being a surprise. things are too normal, so to speak. we're waiting for debate staff and waiting the next few weeks to unfold. we had the embassy attack in libya. we still have israel threatening to do something about iran. so we don't know if there's going to be another foreign policy crisis that unfolds because things are still unfolding in that part of the world. so, sure, there's a crisis that could happen that could take the race in a different trajectory. >> all right. thanks so much for joining us this morning. >> thank you. >> thank you. >> live debate coverage starts tomorrow night 7:00 eastern. and two pills. afternoon's overhaul starts with more pain. more pills.

triple checking hydraulics. the evening brings more pain. so, back to more pills. almost done, when... hang on. stan's doctor recommended aleve. it can keep pain away all day with fewer pills than tylenol. this is rudy. who switched to aleve. and two pills for a day free of pain. ♪ and get the all day pain relief of aleve in liquid gels. ♪ [ man ] excuse me miss. [ gasps ] this fiber one 90 calorie brownie has all the moist, chewy, deliciousness you desire. mmmm. thanks. [ man ] at 90 calories, the brownie of your dreams is now deliciously real. [ female announcer ] and now,

try our new chocolate chip cookie 90 calorie brownie. [ male announcer ] how do you turn an entrepreneur's dream... ♪ into a scooter that talks to the cloud? ♪ or turn 30-million artifacts... ♪ into a high-tech masterpiece? ♪ whatever your business challenge, dell has the technology and services to help you solve it. humans -- sometimes life trips us up.

and sometimes, we trip ourselves up, but that's okay. at liberty mutual insurance we can "untrip" you as you go through your life with personalized policies and discounts when you need them most. just call... and speak with a licensed representative about saving on your policy when you get married, move into a new house... [crash!] or add a car to your policy. don't forget to ask about saving up to 10% when you combine your auto and home insurance with liberty mutual. security, coverage, and savings. all the things humans need to make our beautifully imperfect world a little less imperfect. call... and lock in your rate for 12 months. liberty mutual insurance. responsibility. what's your policy?

ikea says it regrets deleting images of women from its catalogs. you can see the differences side-by-side here. in the swedish version on the left, a woman standing in front of a bathroom mirror, but that image was air brushed out and the saudi version of the same catalog. and that's on the right of your screen. ikea issued a statement saying, quote, the mistake happened during the work process occurring before presenting the draft catalog, we take full responsibility for the mistakes made. and if you're having trouble understanding that, so am i. one of america's funniest late-night hosts woke up early this morning for a different kind of gig. stephen colbert filling in on "good morning america." how did he do? >> he did great. it was so great to see him in this role. he's making the rounds, carol, to support his new book out today, that's what led to his guest hosting gig on "good morning america." of course he had fun on the show. i'm a little jealous he got to

sing the dolly parton section from the hit song "islands in the stream" a capella with the great kenny rogers and jokingly told jenny mccarthy when they were doing an interview that she was going to hell because she doesn't go to church regularly anymore. colbert's book is called "america again rebecoming the greatness we never weren't" and promises to single bookedly hold this country back from the brink. i love the description on amazon which says it's high time we restore america to the greatness we never lost and the book contains everything from chapters to page numbers to fonts. you buy this book, you're getting your money's worth. >> i love stephen colbert. let's talk about the kony 2012 director. he's about to open up about the now infamous breakdown of his. >> that's right. james russell is the director of what was one of the most successful viral videos ever. now he's going to be on oprah's next chapter.

russell's video racked up more than 100 million views last spring before russell suffered a bizarre public meltdown, seen running through the streets of san diego in his underwear. and his family said at the time, he didn't have drug or drinking problems and he blamed the incident on the stress caused by his sudden popularity. so this interview with oprah, his first since all that went down is going to be revealing. it'll be interesting to see what he has to say about exactly what happened. carol, that show airs on sunday. >> if he can rehabilitate his image. >> yeah. >> a.j. hammer, thank you. join a.j. at 11:00 eastern on hln. colorado could become the first state to allow the sale of marijuana without a prescription. that's if the congressman gets his way. [ male announcer ] this is anna, her long day teaching the perfect swing

begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye. who have used androgel 1%, there's big news. presenting androgel 1.62%.

both are used to treat men with low testosterone. androgel 1.62% is from the makers of the number one prescribed testosterone replacement therapy. it raises your testosterone levels, and... is concentrated, so you could use less gel. and with androgel 1.62%, you can save on your monthly prescription. [ male announcer ] dosing and application sites between these products differ. women and children should avoid contact with application sites. discontinue androgel and call your doctor if you see unexpected signs of early puberty in a child, or, signs in a woman which may include changes in body hair or a large increase in acne, possibly due to accidental exposure. men with breast cancer or who have or might have prostate cancer, and women who are, or may become pregnant or are breast feeding should not use androgel. serious side effects include worsening of an enlarged prostate, possible increased risk of prostate cancer, lower sperm count, swelling of ankles, feet, or body, enlarged or painful breasts, problems breathing during sleep, and blood clots in the legs. tell your doctor about your medical conditions and medications, especially insulin,

corticosteroids, or medicines to decrease blood clotting. talk to your doctor today about androgel 1.62% so you can use less gel. log on now to androgeloffer.com and you could pay as little as ten dollars a month for androgel 1.62%. what are you waiting for? this is big news. what are you waiting for? ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.

45 minutes past the hour. checking our top stories now this hour. a pennsylvania judge has ordered a halt to a state law that required voters to show a foe toy i.d. critics argue it unfairly targets the minorities and the poor. an appeal is likely. at least 38 people are dead after a passenger ferry collided with another boat off hong kong. it started sinking right after impact. police have arrested six crew members from the boat on suspicion of negligence. philadelphia police have launched an investigation after receiving this youtube video. apparently shows an officer hitting a woman during sunday's puerto rican day festival. she had thrown something in the direction of police, possibly silly string or water. the woman was led away from the parade with blood on her face. 250,000 american express

customers could be in line to get hundreds of dollars back. the company is refunding $85 million after being accused by the government of deceptive practices. includi including illegally charging late fees. and final preparations are underway for tomorrow night's first debate between president obama and mitt romney. both men are cramming right now with their aides ahead of the denver faceoff. denver, it's known as the mile-high city, but soon it might have mile-high citizens too. because colorado could become the first state to legalize marijuana. on the road. so, what do you think? [ engine revs ] i'll take it. [ male announcer ] it's chevy truck month. now during chevy truck month, get 0% apr financing for 60 months or trade up to get the 2012

chevy silverado all-star edition with a total value of $8,000. hurry in before they're all gone! anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'. i just finished a bowl of your new light chicken pot pie soup and it's so rich and creamy... is it really 100 calories? let me put you on webcan... ...lean roasted chicken... and a creamy broth mmm i can still see you. [ male announcer ] progresso. you gotta taste this soup.

marijuana and the upcoming election. voters in oregon, washington, and colorado are set to decide whether to allow small quantities of marijuana to be sold in packs, and in

massachusetts they'll vote on whether to legalize medical marijuana. but a pass for legalization could affect the presidential election. here's cnn contributor john avalon. >> it could go either way. >> here in colorado, the fight for the white house is only one contentious issue on the ballot. if congressman jared polis has hi ways they will legalize marijuana possession for adults. the idea is simple. tax and regulate marijuana in much the same way liquor is today. ♪ >> that's right. money for schools. the amendment would use the first $40 million in tax revenues to build new schools. but does this mile-high idea add up? denver school superintendent says no. >> but this kind of discussion dependent on this kind of a measure strikes me as much more of a gimmick and strikes me as a

cruel joke on our kids if this is the framework that people are proposing to have the discussion about what our kids need. >> it'll have a good impact on schools. i don't know why it would be a cruel joke or gimmick, is $40 million enough? no, of course not, but it makes a strong dent in it. >> reporter: opinion is divided in this purple swing state, but a denver post poll shows 50% support it with 40% opposed. the only age group dead set against the legalization is those above age 65. that's a coveted voting block for both campaigns which have dismissed the idea of legalizing marijuana. >> should marijuana be legalized for medical use? >> aren't there issues of significance you'd like to talk about? >> this is a significant issue in colorado. >> the economy. >> we're not going to be legalizing weed any time soon. >> reporter: one question is whether this will drive some of those voters to support the

former governor of new mexico who is a strong advocate of marijuana legalization. >> john avalon reporting. just two years ago in california, polls initially said legislation might pass, but it went down to defeat on election day. we'll keep you posted. today's talkback question, will president obama beat himself in the debate? your responses are next. the wheels of progress. seems they haven't been moving much lately. but things are starting to turn around

because of business people like you. and regions is here to help. with the experience and service to keep things rolling. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together. ...and we inspected his brakes for free. -free is good. -free is very good. [ male announcer ] now get 50% off brake pads and shoes at meineke. ♪ but between check-ups, it goes through a lot. ♪ tartar builds and that feeling fades. with new listerine® ultraclean™, you can keep it dentist clean. it's the only mouthwash with proven tartar control and new everfresh™ technology for a powerful dentist clean feeling up to 3x longer. ahhhhhhhh. [ male announcer ] keep your mouth dentist clean

with new listerine® ultraclean™. power to your mouth™. the start of breast cancer awareness month, we talked to dr. lisa masterson from the tv show "the doctors." she shares some of the telltale signs of the disease for both men and women in this daily dose. >> 1 in 8 women will be diagnosed with breast cancer. so it is so important that women, you know, do their breast self-examine. they get mammograms, get their clinical breast exam by their doctor. healthy living, eating right, decreasing alcohol, not smoking. also keeping your weight in check. because we know that excess fat turns into estrogen and that can

stimulate breast cancer, as well. it's so important for women to know the risk factors and for men to also be aware of their bodies. to look for the same changes we tell women to look for. to look for nipple changes, nipple discharge, skin changes, pucker, dimpling, lumps, be aware of their bodies, as well.

talkback question today, will president obama beat himself in the debate? this from lauren. i don't like all the focus on slips and misstatements. i'd rather have a president that makes errors and forges ahead rather than one that fails to be effective. just like a baseball or football team before a big game, obama's being loose. not putting too much pressure on

himself. president obama will do just fine. this from walter, president obama will beat himself because he'll have to talk without his teleprompter. he needs that to talk to his children or order a cheese burger. and i love the president, but sir, please, keep your responses short, sweet, and to the point. facebook.com/carolcnn if you'd like to continue the conversation. thanks as always for your comments. and thanks for being with me today. "cnn newsroom" continues after a break with ashleigh banfield. ncs side by side so you get the same coverage, often for less. that's one smart board. what else does it do, reverse gravity? [ laughs ] [ laughs ] [ whooshing ] tell me about it. why am i not going anywhere? you don't believe hard enough. a smarter way to shop around. now that's progressive. call or click today. [ grunting ]

but proven technologies allow natural gas producers to supply affordable, cleaner energy, while protecting our environment. across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land - by reducing our footprint and respecting wildlife. america's natural gas... domestic, abundant, clean energy to power our lives... that's smarter power today. i have a cold... i took dayquil, but i still have a runny nose. [ male announcer ] truth is, dayquil doesn't work on runny noses. what? [ male announcer ] it doesn't have an antihistamine. really? [ male announcer ] really. alka-seltzer plus cold and cough fights your worst cold symptoms, plus has a fast acting antihistamine to relieve your runny nose. [ sighs ] thank you! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] try new alka-seltzer plus severe allergy to treat allergy symptoms, plus sinus congestion, and pain.